Appeals Court Returns Military Case Back to Judge Merryday

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ATLANTA, GA – A three-judge panel of the Eleventh Circuit Court of Appeals sent Liberty Counsel’s Marine case, Colonel Financial Management Officer, et. al., v Lloyd Austin, back to federal Judge Steven Merryday since the Department of Defense (DOD) COVID shot mandate has been rescinded.

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On April 3, Judge Merryday asked the Eleventh Circuit to send it back so he can dismiss the case. Liberty Counsel was pursuing to convert the classwide preliminary injunction to a permanent injunction for the U.S. Marines. However, Judge Merryday will moot the case but he still retains jurisdiction over the case so Liberty Counsel can file for attorney’s fees and costs.

The DOD officially rescinded the August 24, 2021 and November 30, 2021 memoranda mandating that members of the Armed Forces and members of the National Guard and the Ready Reserves receive the COVID-19 shot. This action comes after thousands of service members have been denied religious accommodation requests (RAR) from the unlawful federal COVID shot mandate. Many service members have been punished, demoted and discharged as a result.

Liberty Counsel Founder and Chairman Mat Staver said, “Since the unconstitutional COVID shot mandate is dead, the Marines can no longer be forced to take this injection that conflicts with their religious convictions. Our classwide injunction stopped the Department of Defense from violating the rights of the Marines and now the mandate has been rescinded. In the meantime, we will soon return to court to press our claim for attorney’s and costs.”

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